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Amazon Widget Terms of Use

احدث اجدد واروع واجمل واشيك Amazon Widget Terms of Use

These Amazon Widget Terms of Use (this "Agreement") contain the terms and conditions that govern your use and display of configurable links to the Amazon Site and any other content, data, text, images, information, and other materials made available through or obtained from widgets.amazon.com or otherwise (the "Widgets"). "We," "us," or "our" means Amazon Services LLC or any of its affiliate companies (excluding those that sell retail products), as the case may be. "You" or "your" means the individual or entity using or displaying a Widget. A "site" means a website. "Amazon Site" means either the amazon.com site or the endless.com site, as applicable. "Your site" means any site(s) and any software application(s) that you link to the Amazon Site through a Widget.

BY CLICKING "AGREE," BY PLACING A WIDGET ON YOUR SITE, OR BY CONTINUING TO DISPLAY A WIDGET ON YOUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR REVISED AGREEMENT ON THE AMAZON.COM SITE, YOU (A) AGREE TO BE BOUND BY THIS AGREEMENT; (B) ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF USING OR DISPLAYING A WIDGET ON YOUR SITE AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT; AND (C) HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS (E.G., YOU ARE NOT A MINOR) AND THAT YOU ARE AND WILL REMAIN IN COMPLIANCE WITH THIS AGREEMENT. IN ADDITION, IF THIS AGREEMENT IS BEING AGREED TO BY A COMPANY OR OTHER LEGAL ENTITY, THEN THE PERSON AGREEING TO THIS AGREEMENT ON BEHALF OF THAT COMPANY OR ENTITY HEREBY REPRESENTS AND WARRANTS THAT HE OR SHE IS AUTHORIZED AND LAWFULLY ABLE TO BIND THAT COMPANY OR LEGAL ENTITY TO THIS AGREEMENT.

1. Scope of Agreement

This Agreement governs your use and display of Widgets only if you are not enrolled in the Amazon Services LLC Associates Program (the "Associates Program"). If you have enrolled in the Associates Program, the terms of the Associates Program Operating Agreement [LINK] will apply to your use and display of Widgets instead of this Agreement. YOU ARE ELIGIBLE TO EARN ADVERTISING FEES FOR DISPLAYING WIDGETS ON YOUR SITE ONLY IF YOU ARE ENROLLED IN THE ASSOCIATES PROGRAM, AND THEN ONLY AS PROVIDED UNDER THE ASSOCIATES PROGRAM OPERATING AGREEMENT. NO ADVERTISING FEES WILL BE PAID OR OWED BY US TO YOU UNDER THIS AGREEMENT.

2. Requirements Applicable to Your Site

You may not display any Widget on your site if we determine that your site is unsuitable. Unsuitable sites include those that:

(a)         promote or contain sexually explicit materials;

(b)                 promote violence or contain violent materials;

(c)                  promote or contain libelous or defamatory materials;

(d)                 promote discrimination, or employ discriminatory practices, based on race, sex, religion, nationality, disability, sexual orientation, or age;

(e)                  promote or undertake illegal activities;

(f)                  include any trademark of Amazon or its affiliates, or a variant or misspelling of a trademark of Amazon or its affiliates, in any domain name – for example, a domain name such as <endlessboots.com>, <amaozn.com>, <amazonauctions.net>, <kindlemagazines.mydomain.info>, or <kindlewirelessreader.co.uk> would be unsuitable;

(g)                 include any trademark of Amazon or its affiliates in any username, group name, or other identifier on any social networking website – for example, a username such as "Endless Shoes," "Amazon Japan," or "Kindle For You" registered on a social networking site such as Twitter or Facebook would be unsuitable; or

(h)                 otherwise violate intellectual property rights.

3.  Limited License

(i)                   Subject to the terms of this Agreement and solely for the limited purposes of advertising products on, and directing end users to, the Amazon Site through the Widgets, we hereby grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive, royalty-free license to display Widgets solely on your site. 

(j)                   The license set forth in this Section 3 will immediately and automatically terminate if at any time you do not timely comply with any obligation under this Agreement or otherwise upon termination of this Agreement.  In addition, we may terminate the license set forth in this Section 3 in whole or in part upon written notice to you.  You will promptly remove from your site and delete or otherwise destroy all of the Widgets and Amazon Marks with respect to which the license set forth in this Section 3 is terminated or as we may otherwise request from time to time.

4.  Use and Display of Widgets

In connection with your use and display of Widgets:

(a) You will ensure that your site is not unsuitable (as described in Section 2 of this Agreement).

(b) You will not display or otherwise use our or our affiliates' trademarks or logos (including any Amazon Mark) except solely as expressly permitted under and in accordance with this Agreement. "Amazon Mark" means those of our trademarks and logos that we may make available to you in connection with this Agreement.

(c) You will not display or otherwise use any trademark or logo of any third party seller on the Amazon Site in connection with any Widget unless you have obtained from that seller the specific right to do so.

(d) You will not remove, obscure, or alter, or make invisible, illegible, or indecipherable to visitors of your site, any "Privacy Information" link or any of our or our affiliates' trademarks or logos (including any Amazon Mark) that we include in any Widget.

(e) You will use Widgets solely in accordance with the terms of this Agreement, within the express scope of the license granted in Section 3 of this Agreement, and only in a lawful manner. Without limiting the foregoing, you will use Widgets solely to send end users and sales to the Amazon Site and will not link Widgets to, or in conjunction with any Widgets direct traffic to, any page of a site other than the Amazon site.

(f) You will not engage in any promotional, marketing, or other advertising activities on behalf of us or our affiliates, or in connection with the Amazon Site, that are not expressly permitted under this Agreement. For example, you will not engage in any promotional, marketing, or other advertising activities in any offline manner, including by using any of our or our affiliates' trademarks or logos (including any Amazon Mark), or any Widget in connection with an offline promotion or in any other offline manner (e.g., in any printed material, mailing, email or attachment to email, or other document, or any oral solicitation). Upon our request, you will provide us with written certification that you have complied with this Section 4. We will specify the form of, and content required in, that certification in our request. Any failure by you to provide the certification in accordance with our request will constitute a material breach of this Agreement.

(g) You will not, without our express prior written approval, use any Widget or otherwise link to the Amazon Site, on or in connection with any site or application designed or intended for use with a mobile phone or other handheld device.

(h) You will not add to, delete from, or otherwise alter any Widget in any way. You may, however, customize the Widget using the configuration options we make available to you.

(i) You will not sell, resell, redistribute, sublicense, or transfer any Widget or any application that uses, incorporates, or displays any Widget. For example, you will not use, or enable or facilitate the use of, any Widget on or within any application, platform, site, or service (including social networking sites) that requires you to sublicense or otherwise give any rights in or to any content, data, information, or other materials to any other person or entity.

(j) You will not use any Widget, including any name or likeness embodied in that Widget, in a manner that implies a person's or company's endorsement or sponsorship of, or commercial tie-in or other association with, any product, service, party, or cause (including by placing unrelated third party materials in close proximity to any Widget).

(k) You will not seek to purchase or register any Proprietary Term for use in any Search Engine or purchase, register, or otherwise use any Proprietary Term as or in a domain or subdomain name. In addition to any other rights or remedies available to us, upon our request you will cause any Search Engine designated by us to exclude Proprietary Terms from keywords used to display your advertising content in association with search results (e.g., request exclusion by negative keyword bidding), assuming the Search Engine offers such exclusion capabilities. "Proprietary Term" means keywords, search terms, or other identifiers that include the word "amazon," "endless," "Kindle," or "Javari," or any other trademark of Amazon or its affiliates, or variations or misspellings of any of those words (e.g., "ammazon," "amaozn,""endlss," "enldess" "kindel," and "javary"). "Search Engine" means Google, Yahoo, Bing, or any other search engine, portal, sponsored advertising service, or other search or referral service, or any site that participates in any of their respective networks.

(l) You will not bid on or purchase keywords, search terms, or other identifiers (including Proprietary Terms) or otherwise participate in keyword auctions on any Search Engine if the resulting paid search advertisement is a Prohibited Paid Search Placement. "Prohibited Paid Search Placement" means an advertisement that you purchased through bidding on keywords, search terms, or other identifiers (including Proprietary Terms) or other participation in keyword auctions. You may purchase paid search advertisements and submit links to Search Engines to appear in response to a general Internet search query or keyword (i.e., in natural, free, organic, or unpaid search results), so long as you comply with this Agreement and those paid or unpaid search results send users to your site and not directly or indirectly, via a Redirecting Link, to the Amazon Site. "Redirecting Link" means a link that sends users indirectly to the Amazon Site via an intermediate site or webpage and without requiring the user to click on a link or take some other affirmative action on that intermediate site or webpage.

(m) You will not intercept, record, redirect, read, interpret, or fill in the contents of any electronic form or other material submitted to us by any person or entity.

(n) You will not request, collect, obtain, store, cache, or otherwise use any account information used by our customers in connection with any Amazon Site (including any usernames or passwords of Amazon Site customers).

(o) You will not modify, redirect, suppress, or substitute the operation of any button, link, or other feature of the Amazon Site.

(p) You will not make any orders or engage in other transactions of any kind on the Amazon Site on behalf of any other person or entity, or authorize, assist, or encourage any other person or entity to do so.

(q) You will not take any action that could reasonably cause any customer confusion as to our relationship with you, or as to the site on which any functions or transactions (e.g., search, browse, or order) are occurring.

(r) You will not include on your site, display, or otherwise use any Widget in connection with any spyware, malware, virus, worm, Trojan horse, or other malicious or harmful code, or any software application not expressly and knowingly authorized by users prior to being downloaded or installed on their computer or other electronic device.

(s) You will not frame the Amazon Site, or any part of it, within your site. However, displaying a Widget on your site in accordance with this Agreement will not be considered framing the Amazon Site.

(t) You will not post or serve any Widget or other content promoting the Amazon Site within any pop-up or pop-under windows, transitional page ads, or layer ads around or in conjunction with the display of any site that is not your site.

(u) You will not include any Widget in any content that you place on the Amazon Site (for example, in connection with any advertising service available through the Amazon Site or in a customer review, forum, listmania, guide, or any other customer-generated context available on the Amazon Site).

You will provide us with any information that we request to verify your compliance with this Agreement. If we determine that you have violated this Agreement, we may (in addition to any other rights or remedies available to us) terminate this Agreement.

In addition, you hereby consent to us:

  • monitoring, recording, using, and disclosing information about your site and visitors to your site that we obtain in connection with your display of Widgets (e.g., that a particular Amazon customer clicked through a Widget from your site before buying a Product on the Amazon Site) in accordance with the Amazon.com Associates Privacy Notice; and
  • monitoring, crawling, and otherwise investigating your site to verify compliance with this Agreement.

5. Responsibility for Your Site

You will be solely responsible for your site, including its development, operation, and maintenance and for all materials that appear on or within it. For example, you will be solely responsible for:

•     the technical operation of your site and all related equipment;

•     displaying Widgets on your site in compliance with this Agreement and any agreement between you and any other person or entity (including any restrictions or requirements placed on you by any person or entity that hosts your site);

•     creating and posting, and ensuring the accuracy, completeness, and appropriateness of, materials posted on your site (including all product descriptions and other product-related materials and any information you include in or associate with a Widget);

•     using the Widgets, your site, and the materials on or within your site in a manner that does not infringe, violate, or misappropriate any of our rights or those of any other person or entity (including copyrights, trademarks, privacy, publicity, or other intellectual property or proprietary rights);

•     disclosing on your site accurately and adequately, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including us and other advertisers) may serve content or advertisements, collect information directly from visitors, and place or recognize cookies on visitors' browsers; and

·                      any use that you make of any Widget or any Amazon Mark, whether or not permitted under this Agreement.

We will have no liability for these matters or for any of your end users' claims relating to these matters, and you agree to defend, indemnify, and hold us, our affiliates and licensors, and our and their respective employees, officers, directors, and representatives, harmless from and against all claims, damages, losses, liabilities, costs, and expenses (including attorneys' fees) relating to (a) your site or any materials that appear on your site, including the combination of your site or those materials with other applications, content, or processes; (b) the use, development, design, manufacture, production, advertising, promotion, or marketing of your site, and all other matters described in this Section 5; (c) your use of any Widget whether or not such use is authorized by or violates this Agreement or violates applicable law; (d) your violation of any term or condition of this Agreement; or (e) you or your employees' negligence or willful misconduct.

6.Policies and Pricing

Customers who buy products on the Amazon Site are our customers with respect to all activities they undertake in connection with the Amazon Site. Accordingly, as between you and us, all pricing, terms of sale, rules, policies, and operating procedures concerning customer orders, customer service, and product sales set forth on the Amazon Site will apply to those customers, and we may change them at any time.

7. Reservation of Rights; Submissions

Other than the limited license expressly set forth in Section 3, we reserve all right, title, and interest (including all intellectual property and proprietary rights) in and to, and you do not, by virtue of this Agreement or otherwise, acquire any ownership interest or rights in or to, the Widgets, link formats, any technical specifications, guidelines, or graphical artwork that may be made available to you with the Widgets or otherwise, the Amazon Marks and any other trademarks, service marks, trade names, domain names, trade dress or other proprietary logo or indicia of us or any of our affiliates, any domain name owned or operated by us or our affiliates, and any other intellectual property and technology that we provide or use in connection with the Widgets. If you provide us or any of our affiliates with suggestions, reviews, modifications, data, images, text, or other information or content about a product or in connection with this Agreement or any Widget, or if you modify any Widget in any way, (collectively, "Your Submission"), you hereby irrevocably assign to us all right, title, and interest in and to Your Submission and grant us (even if you have designated Your Submission as confidential) a perpetual, paid-up royalty-free, nonexclusive, worldwide, irrevocable, freely transferable right and license to (a) use, reproduce, perform, display, and distribute Your Submission in any manner; (b) adapt, modify, re-format, and create derivative works of Your Submission for any purpose; (c) use and publish your name in the form of a credit in conjunction with Your Submission (however, we will not have any obligation to do so); and (d) sublicense the foregoing rights to any other person or entity. Additionally, you hereby warrant that: (y) Your Submission is your original work, or you obtained Your Submission in a lawful manner; and (z) our and our sublicensees' exercise of rights under the license above will not violate any person's or entity's rights, including any copyright rights. You agree to provide us such assistance as we may require to document, perfect, or maintain our rights in and to Your Submission.

8. Compliance with Laws

In connection with your use and display of Widgets on your site, you will comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and other requirements of any governmental authority that has jurisdiction over you, including laws (federal, state, or otherwise) that govern marketing email (e.g., the CAN-SPAM Act of 2003) .

9. Term and Termination

The term of this Agreement will begin upon your display of any Widget on your site and will end when terminated by you or us. You may terminate this Agreement at any time, with or without cause, by ceasing to display Widgets on your site. We may terminate this Agreement at any time, with or without cause, by ceasing to serve Widgets to your site, otherwise ceasing to make Widgets available to you, or by providing written notice of termination to you. Upon any termination of this Agreement, any and all licenses you have with respect to any Widgets will automatically terminate, and you will immediately stop using, and remove from your site, all Widgets and any other materials provided by or on behalf of us to you in connection with this Agreement. Upon any termination of the term of this Agreement, all rights and obligations of the parties will be extinguished, except that the rights and obligations of the parties under Sections 5, 6, 7, 8, 9, 11, 12, 13, 14, and 15 will survive the termination of this Agreement. No termination of this Agreement will relieve either party of any liability for any breach of, or liability accruing under, this Agreement prior to termination.

10. Modification

We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a revised agreement on the Amazon Site. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED USE AND DISPLAY OF WIDGETS ON YOUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR REVISED AGREEMENT ON THE AMAZON SITE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.

11. Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us or our respective affiliates. You will have no authority to make or accept any offers or representations on our or our affiliates' behalf. You will not make any statement, whether on your site or otherwise, that reasonably contradicts or may contradict anything in this section. If you authorize, assist, encourage, or facilitate another person or entity to take any action related to the subject matter of this Agreement, you will be deemed to have taken the action yourself.

12. Limitation of Liability

WE WILL NOT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING ANY LOSS OF REVENUE, PROFITS, GOODWILL, USE, OR DATA) ARISING IN CONNECTION WITH THIS AGREEMENT YOUR USE OR DISPLAY OF WIDGETS ON YOUR SITE, OR THE SERVICE OFFERINGS (DEFINED BELOW), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. Disclaimers

THE WIDGETS, THE AMAZON SITE, ANY PRODUCTS AND SERVICES OFFERED ON THE AMAZON SITE, ANY CONTENT, THE AMAZON.COM DOMAIN NAME, THE ENDLESS.COM DOMAIN NAME, OUR AND OUR AFFILIATES' TRADEMARKS AND LOGOS (INCLUDING THE AMAZON MARKS), AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, AND OTHER INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF US OR OUR AFFILIATES OR LICENSORS IN CONNECTION WITH THIS AGREEMENT (COLLECTIVELY THE "SERVICE OFFERINGS") ARE PROVIDED "AS IS." NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICE OFFERINGS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICE OFFERINGS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. WE MAY DISCONTINUE ANY SERVICE OFFERING, OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF ANY SERVICE OFFERING, AT ANY TIME AND FROM TIME TO TIME. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE OFFERINGS WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES; OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, YOUR SITE OR ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY OTHER PERSON OR ENTITY OR THROUGH THE WIDGETS, THE AMAZON SITE, OR THE AFFILIATE-PROGRAM.AMAZON.COM SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH (X) ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER BENEFITS, (Y) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT, OR (Z) ANY TERMINATION OF THIS AGREEMENT.

14. Disputes

Any dispute relating in any way to this Agreement in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 will be adjudicated in any state or federal court in King County, Washington, and you consent to exclusive jurisdiction and venue in such courts. The laws of the State of Washington, without regard to principles of conflicts of laws, will govern this Agreement and any dispute of any sort that might arise between you and us. Notwithstanding anything to the contrary in this Agreement, we may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of our or other person or entity's intellectual property or proprietary rights. You further acknowledge that our rights in and to the Widgets are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated or adequately compensated for in monetary damages.

15. Miscellaneous

You acknowledge and agree that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Agreement or operate websites that are similar to or compete with your site. You may not assign this Agreement, by operation of law or otherwise, without our express prior written approval. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. Whenever used in this Agreement, the terms "include(s)," "including," "e.g.," and "for example" mean, respectively, "include(s), without limitation," "including, without limitation," "e.g., without limitation," and "for example, without limitation." Any determinations or updates that may be made by us, any actions that may be taken by us, and any approvals that may be given by us under this Agreement, may be made, taken, or given in our sole discretion.

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